SOCIAL SECURITY LEGISLATION AMENDMENT (IMPROVED SUPPORT FOR CARERS) BILL 2009

i Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. ,

2009

Contents

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Schedule(s) ......................................................................................... 1

Schedule 1--Amendme nt of the Social Security Act 1991

Schedule 2--Amendme nt of the Social Security

(Administration) Act 1999

Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. ,

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A Bill for an Act to amend the Social Security Act

1991, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Social Security Legislation

Amendment (Improved Support for Carers) Act 2009.

2 Commence ment

This Act commences on 1 July 2009.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. ,

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Schedule 1

Amendment of the Social

Security Act 1991

1 Subsection 23(1) (paragraph (a) of the definition of family

law order)

Omit "within the meaning of section 64B of the Family Law Act 1975".

2 Subsection 23(1)

Insert:

parenting order has the meaning given by section 64B of the

Family Law Act 1975.

3 At the end of Part 1.3

Add:

38E Disability Care Load Assessment (Child) Determination

(1) The Secretary may, by legislative instrument (the Disability Care

Load Assessment (Child) Determination):

(a) devise a test for assessing the functional ability, behaviour

and special care needs of a person aged under 16 (the child),

that includes an assessment that must be completed only by a

treating health professional; and

(b) provide a method for rating the care needs of the child; and

(the carer) who is caring for the child that takes into account:

(i) the care provided for the child by the carer; and

(ii) the assessment completed by the treating health

professional.

(2) If a carer who is caring for a child also cares for one or more other

persons (whether or not aged under 16), the Disability Care Load

Assessment (Child) Determination may provide a method for

giving a qualifying rating to the carer that takes into account:

(a) both:

(i) the care provided for the child by the carer; and

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(ii) the assessment completed by the treating health

professional; and

(b) the care provided by the carer for each other person.

38F Treating health professional

The Secretary may, by legislative instrument, determine that a

person, or any person included in a class of persons, is a treating

health professional for the purposes of this Act (other than for the

purposes of the Adult Disability Assessment Tool or the Child

Disability Assessment Tool).

4 Subsection 197(1) (definition of care receiver)

After "subsection", insert "197B(1), 197C(1), 197D(1), 197E(1),

197G(1), 197H(1) or".

5 Subsection 197(1)

Insert:

Disability Care Load Assessment (Child) Determination has the

meaning given by subsection 38E(1).

6 Subsection 197(1) (definition of lower ADAT score adult)

After "because", insert "subparagraph 197D(1)(a)(i), or".

7 Subsection 197(1) (definition of profoundly disabled child)

Repeal the definition.

8 Subsection 197(1)

Insert:

treating health professional means a person who is determined

under section 38F to be a treating health professional.

9 Subsections 197(2), (2AA) and (2A)

Repeal the subsections.

10 Before section 198

Insert:

Amend ment of the Social Security Act 1991 Schedule 1

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197A Overview--circumstances in which pe rson is qualified for

carer payme nt

(1) The following sections set out the circumstances in which a person

is qualified for a carer payment:

(a) section 197B (child with a severe disability or severe medical

condition);

(b) section 197C (2 or more children each with a disability or

medical condition);

with a disability or medical condition);

(d) section 197E (child who has a terminal condition);

(e) section 197F (exchanged care of children);

(f) section 197G (short term or episodic care of children);

(g) section 197H (extension of short term or episodic care of

children);

(h) section 198 (disabled adult, or disabled adult and dependent

child);

(i) section 198AA (hospitalisation).

(2) In addition, sections 198AB and 198AC allow a person to continue

to qualify for a carer payment in certain short-term circumstances.

197B Qualification--child with a severe disability or severe medical

condition

Child with a severe disability or severe medical condition

(1) A person is qualified for a carer payment if:

(a) the person personally provides constant care for a person (the

care receiver) aged under 16 with a severe disability or

severe medical condition; and

(b) the person has been given a qualifying rating of intense under

the Disability Care Load Assessment (Child) Determination

for caring for the care receiver; and

because of that disability or condition:

(i) the care receiver will need personal care for 6 months or

more; and

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(ii) the personal care is required to be provided by a

specified number of persons; and

(d) the provision of constant care by the person severely restricts

the person's capacity to undertake paid employment; and

(e) the requirements of subsections (2), (3) and (4) are met.

Constant care in home

(2) The constant care must be provided in a private residence that is

the home of the care receiver.

Person must be Australian resident

(3) The person must be an Australian resident.

Note:

For Australian resident see section 7.

Care receiver: residence and income and assets tests etc.

(4) The care receiver must:

(a) require constant care; and

(b) be an Australian resident; and

(d) either:

(i) pass the assets test under section 198D; or

(ii) be the subject of a decision in force under subsection

198N(2), (3) or (4) that subparagraph (i) does not

disqualify the person providing the constant care from

carer payment.

197C Qualification--2 or more children each with a disability or

medical condition

Children each with a disability or medical condition

(1) A person is qualified for a carer payment if:

(a) the person personally provides constant care for 2 or more

persons (the care receivers) aged under 16 each with a

disability or medical condition; and

(b) the person has been given a qualifying rating of intense under

the Disability Care Load Assessment (Child) Determination

for caring for the care receivers; and

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professional has certified in writing that, because of that

disability or condition:

(i) the care receiver will need personal care for 6 months or

more; and

(ii) the personal care is required to be provided by a

specified number of persons; and

(d) the provision of constant care by the person severely restricts

the person's capacity to undertake paid employment; and

(e) the requirements of subsections (2), (3) and (4) are met.

Constant care in home

(2) The constant care must be provided in a private residence that is

the home of the care receivers.

Person must be Australian resident

(3) The person must be an Australian resident.

Note:

For Australian resident see section 7.

Care receivers: residence and income and assets tests etc.

(4) The care receivers must:

(a) require constant care; and

(b) be Australian residents; and

(d) either:

(i) pass the assets test under section 198D; or

(ii) be the subject of a decision in force under subsection

198N(2), (3) or (4) that subparagraph (i) does not

disqualify the person providing the constant care from

carer payment.

197D Qualification--disabled adult and one or more children each

with a disability or medical condition

Disabled adult and one or more children each with a disability or

medical condition

(1) A person is qualified for a carer payment if:

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(a) the person personally provides constant care for both or all of

the following persons (the care receivers):

(i) a disabled adult who has been assessed and rated under

the Adult Disability Assessment Tool and given a score

under that assessment tool of at least 20, being a score

calculated on the basis of a total professional

questionnaire score of at least 8;

(ii) one or more persons aged under 16 each with a

disability or medical condition; and

(b) the person has been given a qualifying rating of intense under

the Disability Care Load Assessment (Child) Determination

for caring for the care receivers; and

treating health professional has certified in writing that,

because of that disability or condition:

(i) the care receiver will need personal care for 6 months or

more; and

(ii) the personal care is required to be provided by a

specified number of persons; and

(d) the provision of constant care by the person severely restricts

the person's capacity to undertake paid employment; and

(e) the person is not qualified for a carer payment under

section 198 because of paragraph 198(2)(a) for caring for the

care receiver who is the disabled adult; and

(f) the requirements of subsections (2), (3) and (4) are met.

Constant care in home

(2) The constant care must be provided in a private residence that is

the home of the care receivers.

Person must be Australian resident

(3) The person must be an Australian resident.

Note:

For Australian resident see section 7.

Care receivers: residence and income and assets tests etc.

(4) The care receivers must:

(a) require constant care; and

(b) be Australian residents; and

Amend ment of the Social Security Act 1991 Schedule 1

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(d) either:

(i) pass the assets test under section 198D; or

(ii) be the subject of a decision in force under subsection

198N(2), (3) or (4) that subparagraph (i) does not

disqualify the person providing the constant care from

carer payment.

197E Qualification--child who has a terminal condition

(1) A person is qualified for a carer payment if:

(a) the person personally provides constant care for a person (the

care receiver) aged under 16; and

(b) a medical practitioner certifies in relation to the care receiver

that:

(i) the care receiver has a terminal condition; and

(ii) the average life expectancy for a child with the same or

a similar condition is not substantially longer than 24

months; and

(iii) because of the condition the care receiver will need

personal care for the remainder of his or her life; and

(iv) the personal care is required to be provided by a

specified number of persons; and

the person's capacity to undertake paid employment; and

(d) the requirements of subsections (3), (4) and (5) are met.

(2) Despite paragraph (1)(a), the person remains qualified for a carer

payment under this section after the care receiver turns 16 until the

earlier of the following:

(a) the person no longer otherwise qualifies for a carer payment

under this section for caring for the care receiver;

(b) the care receiver turns 18.

Constant care in home

(3) The constant care must be provided in a private residence that is

the home of the care receiver.

Schedule 1 A mendment of the Social Security Act 1991

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Person must be Australian resident

(4) The person must be an Australian resident.

Note:

For Australian resident see section 7.

Care receiver: residence and income and assets tests etc.

(5) The care receiver must:

(a) require constant care; and

(b) be an Australian resident; and

(d) either:

(i) pass the assets test under section 198D; or

(ii) be the subject of a decision in force under subsection

198N(2), (3) or (4) that subparagraph (i) does not

disqualify the person providing the constant care from

carer payment.

197F Qualification--exchanged care of children

Purpose of section

(1) The purpose of this section is to allow a person to qualify under

section 197B, 197C, 197D, 197E, 197G or 197H, or a combination

of them, for a carer payment for caring for persons who are or

include 2 or more persons aged under 16 despite the fact that the

person is not personally providing constant care for the same

persons.

When section applies

(2) This section applies if:

(a) the person is a parent of 2 or more persons aged under 16;

and

(b) the person (the carer) is personally providing care for at least

2 of those persons (the care receivers); and

under section 197B, 197C, 197D, 197E, 197G or 197H, apart

from:

(i) the fact that the carer is not personally providing

constant care for the care receivers; and

Amend ment of the Social Security Act 1991 Schedule 1

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(ii) the fact that each care receiver has or may have more

than one home; and

(d) the circumstances in subsection (3) apply in relation to each

of the care receivers.

Circumstances--family law arrangements

(3) The circumstances are:

(a) under one or more registered parenting plans, parenting plans

or parenting orders that are in force, the care receiver is to

live with, or spend time with the carer and the care receiver's

other parent (whether or not the care receiver is to live with,

or spend time with, someone else); and

(b) the length or percentage of time (however described) that the

care receiver is to live with, or spend time with, the carer and

the other parent is specified in, or worked out in accordance

with, the plans or orders; and

receiver when the care receiver is living with, or spending

time with, the carer; and

(d) the carer does not personally provide constant care for the

care receiver only because the terms of the plans or orders

require the care receiver to live with, or spend time with, the

other parent or someone else; and

(e) when the carer is not personally providing care for the care

receiver, the carer is personally providing care for one or

more other care receivers in relation to whom this subsection

also applies.

Qualification for a carer payment

(4) If this section applies, the carer is taken to be qualified for a carer

payment under section 197B, 197C, 197D, 197E, 197G or 197H,

or a combination of them, for caring for the care receivers or for

persons who include the care receivers, as the case requires.

Example: The parents of 3 children each with a disability or medical condition

are divorced. Under a registered parenting plan covering all 3

children, one parent (the first parent) personally provides care in week

1 to:

(a)

one of the children covered by the plan; and

(b)

another child who is similarly disabled but who is not covered by

the plan.

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The other parent personally provides care for the other 2 children

covered by the plan. In week 2, the parents swap care arrangements

for the children covered by the plan.

The first parent would not qualify for a carer payment under

section 197C because he or she is not providing constant care for the

same children. However, this section allows the first parent to qualify

for a carer payment for providing care for different children.

197G Qualification--short term or episodic care of childre n

Secretary's determination

(1) The Secretary may determine that a person is qualified for a carer

payment for a period if:

(a) the person is personally providing constant care for one or

more persons (the care receiver or care receivers) each with:

(i) a severe disability or severe medical condition; or

(ii) a disability or medical condition; and

(b) each care receiver is aged under 16 at the start of the period;

and

professional has certified in writing that, because of the

severe disability or severe medical condition, or because of

the disability or medical condition:

(i) the care receiver will need personal care for at least 3

months but less than 6 months; and

(ii) the care is required to be provided by a specified

number of persons; and

(d) apart from the fact that the care receiver, or care receivers,

will need personal care for less than 6 months, the person

would qualify for a carer payment:

(i) under section 197B or 197C (whether or not because of

section 197F) for caring for the care receiver or care

receivers; or

(ii) under section 197D (whether or not because of

section 197F) for caring for the care receiver and

another person.

Limits on period determined

(2) The period determined by the Secretary:

(a) must be 3 months or more and less than 6 months; and

Amend ment of the Social Security Act 1991 Schedule 1

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(b) must not begin before the person's start day.

Person may remain qualified until end of period even if care

receiver turns 16

(3) A person does not cease to be qualified for a carer payment under

this section only because the care receiver (or any of them) turns

16 before the end of the period determined by the Secretary.

197H Qualification--extension of short term or episodic care

Extension of qualification under section 197G

(1) This section applies if:

(a) a person is qualified for a carer payment for caring for one or

more persons (the care receiver or care receivers) aged under

16 for a period (the preceding period):

(i) under section 197G; or

(ii) if this section has previously applied to the person and

the care receiver or care receivers--under the most

recent application of this section; and

(b) in relation to each care receiver--before the end of the

preceding period, and before the care receiver (or any of

them) turns 16, the person gives the Secretary a certificate

from a treating health professional certifying that:

(i) because of a severe disability or severe medical

condition, or a disability or medical condition, the care

receiver will need personal care for a further period of

less than 3 months starting immediately after the end of

the preceding period; and

(ii) the severe disability or severe medical condition, or

disability or medical condition, is the same as, or related

to, the severe disability or severe medical condition, or

disability or medical condition, that necessitated the

care for the preceding period; and

(iii) the care is required to be provided by a specified

number of persons.

Person qualified for further period determined by Secretary

(2) The person is qualified for a carer payment for a further period if:

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(a) apart from the fact that the care receiver or care receivers will

need personal care for less than 6 months, the person would

qualify for a carer payment:

(i) under section 197B or 197C (whether or not because of

section 197F) for caring for the care receiver or care

receivers; or

(ii) under section 197D (whether or not because of

section 197F) for caring for the care receiver and

another person; and

(b) the Secretary determines that a carer payment should be

granted to the person for the period.

(3) The period determined must end not later than 6 months after the

first day on which the person started to receive a carer payment

under section 197G.

Person may remain qualified until end of period even if care

receiver turns 16

(4) A person does not cease to be qualified for a carer payment under

this section only because the care receiver (or any of them) turns

16 before the end of the period determined by the Secretary.

197J Qualification following qualification for short term or episodic

care

Purpose of section

(1) The purpose of this section is to treat a person as qualified for a

carer payment under section 197B, 197C or 197D, or because of

197F, for caring for:

(a) one or more persons aged under 16; or

(b) persons who include one or more persons aged under 16;

if, immediately beforehand, the carer was qualified for a carer

payment under section 197G or 197H (whether or not because of

section 197F) for caring for the person or persons aged under 16.

Person taken to be qualified

(2) If:

Amend ment of the Social Security Act 1991 Schedule 1

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(a) a person is qualified for a carer payment for caring for one or

more care receivers aged under 16 for a period (the

preceding period):

(i) under section 197G; or

(ii) if section 197H has applied to the person and the care

receiver or care receivers--under the most recent

application of that section; and

(b) before the end of the preceding period, and before the care

receiver (or any of them) turns 16, the person gives the

Secretary a certificate in relation to each of them as required

by whichever of subsection (3) or (4) applies; and

the person would be qualified (whether or not because of

section 197F) for a carer payment for caring for the care

receiver or care receivers or for persons who include at least

one of them;

the person is taken to qualify under section 197B, 197C or 197D

(as the case requires) for caring for the care receiver or care

receivers or for persons who include at least one of them.

Note:

Paragraphs 197B(1)(c), 197C(1)(c) and 197D(1)(c) require that a

treating health professional has certified that the care receiver, or each

of them, will need personal care for 6 months or more.

(3) If the person was qualified for a carer payment under section 197G

or 197H for caring for a care receiver with a severe disability or

severe medical condition, there must be a certificate from a treating

health professional certifying that:

(a) because of a severe disability or severe medical condition the

duration of the personal care needed by the care receiver is 6

months or more; and

(b) the severe disability or severe medical condition is the same

as, or related to, the severe disability or severe medical

condition that necessitated the care for the preceding period;

and

persons.

(4) If the person was qualified for a carer payment under section 197G

or 197H for caring for one or more care receivers aged under 16

each with a disability or medical condition, there must be a

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certificate in relation to each care receiver from a treating health

professional certifying that:

(a) because of a disability or medical condition, the duration of

the personal care needed by the care receiver is 6 months or

more; and

(b) the disability or condition is the same as, or related to, the

disability or condition that necessitated the care for the

preceding period; and

persons.

(5) For the purposes of paragraphs (3)(a) and (4)(a):

(a) the 6 months includes any preceding periods under

section 197G or under an application of section 197H; and

(b) it does not matter if the treating health professional who

certified under those sections is the same treating health

professional referred to in subsection (3) or (4) or not.

197K Remaining qualified for up to 3 months after child turns 16

(1) This section applies if:

(a) a person is qualified for a carer payment for caring for a care

receiver aged under 16 under one of the following provisions:

(i) section 197B, 197C or 197D (whether or not because of

section 197F);

(ii) paragraph 198(2)(d); and

(b) the care receiver turns 16; and

score under the Adult Disability Assessment Tool.

(2) If, apart from the care receiver turning 16, the person would remain

qualified for a carer payment under that provision, the person

remains qualified under that provision for 3 months after the care

receiver turns 16.

11 Paragraphs 198(2)(b) and (c)

Repeal the paragraphs.

Note 1: The heading to section 198 is replaced by the heading "Qualification--disabled adult

or disabled adult and dependent child".

Note 2: The heading to subsection 198(2) is replaced by the heading "Constant care for

disabled adult or disabled adult and a dependent child".

Amend ment of the Social Security Act 1991 Schedule 1

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2009 17

12 At the end of paragraph 198(2)(d)

Add:

; and (iv) section 197D does not apply in respect of the care

receivers.

13 Subsection 198(2) (notes 1 and 2)

Repeal the notes, substitute:

Note:

In a paragraph (d) case, subsection (9) deems certain supervision to

constitute care.

14 Paragraph 198(5)(a)

Repeal the paragraph.

15 Subsections 198(8) and (10)

Repeal the subsections.

16 Section 198AA

Repeal the section, substitute:

198AA Qualification for carer payment--hospitalisation

Participating in care of person in hospital (not qualified under

section 197G or 197H)

(1) A person (the carer) is qualified for a carer payment if:

(a) the carer is participating in the care, in hospital, of one of the

following persons (the hospitalised person):

(i) a disabled adult;

(ii) a child with a severe disability or medical condition;

(iii) a child with a disability or medical condition;

(iv) a child who has a terminal condition;

(v) a dependent child of a disabled adult; and

(b) it is reasonable to assume that, if the hospitalised person were

not in hospital, the carer would qualify, except under

section 197G or 197H (whether or not because of

section 197F), for a carer payment for:

(i) the hospitalised person; or

(ii) the hospitalised person and another person or persons;

and

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(2) For the purposes of paragraph (1)(c), the requirements are that

either:

(a) the hospitalised person is terminally ill; or

(b) it is reasonable to expect that, upon leaving hospital, the

hospitalised person:

(i) will reside in a private residence that is the home of the

hospitalised person; or

(ii) if the carer would qualify for a carer payment because

of section 197F for the hospitalised person--will reside

in a private residence that is a home of the hospitalised

person.

Limit on qualification under subsection (1)

(3) However, the period, or the sum of the periods, for which the carer

can be qualified under subsection (1) for a hospitalised person who

is a disabled adult is 63 days in any calendar year.

Note:

There is no limit under subsection (1) for a hospitalised person who is

a child.

Short term or episodic care of child (qualified under section 197G

or 197H)

(4) A person (the carer) qualifies for a carer payment if:

(a) the carer is participating in the care, in hospital, of one of the

following persons (the hospitalised person):

(i) a child with a severe disability or medical condition;

(ii) a child with a disability or medical condition; and

(b) the Secretary determines in writing that, if the hospitalised

person were not in hospital, the carer would qualify under

section 197G or 197H (whether or not because of

section 197F) for a carer payment for a period or periods for:

(i) the hospitalised person; or

(ii) the hospitalised person and another person or persons;

and

hospitalised person:

(i) will reside in a private residence that is the home of the

hospitalised person; or

Amend ment of the Social Security Act 1991 Schedule 1

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2009 19

(ii) if the carer would qualify for a carer payment because

of section 197F for the hospitalised person--will reside

in a private residence that is a home of the hospitalised

person.

However, the period, or the sum of the periods, for which the carer

can be qualified under this subsection for the hospitalised person

must not exceed the period, or the sum of the periods, determined

under paragraph (b).

(5) A person (the carer) qualifies for a carer payment if:

(a) the carer is participating in the care, in hospital, of one of the

following persons (the hospitalised person):

(i) a child with a severe disability or medical condition;

(ii) a child with a disability or medical condition; and

(b) immediately before the carer began participating in that care,

the carer was qualified under section 197G or 197H (whether

or not because of section 197F) for a carer payment for a

period for:

(i) the hospitalised person; or

(ii) the hospitalised person and another person or persons;

and

197H for a carer payment for the balance of the period only

because the person is participating in the care of the

hospitalised person in hospital; and

(d) it is reasonable to expect that, upon leaving hospital, the

hospitalised person:

(i) will reside in a private residence that is the home of the

hospitalised person; or

(ii) if the carer would qualify for a carer payment because

of section 197F for the hospitalised person--will reside

in a private residence that is a home of the hospitalised

person.

However, the period, or the sum of the periods, for which the carer

can be qualified under this subsection for the hospitalised person

must not exceed the balance of the period referred to in

paragraph (c).

17 Section 952 (at the end of the definition of care receiver)

Add "and section 954B".

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No. , 2009

18 After section 954A

Insert:

954B Qualification for carer allowance--receiving care r payment

for caring for child or children

While:

(a) a person is receiving a carer payment for caring for one or

more persons (the care receiver or care receivers) other than:

(i) a care receiver referred to in subparagraph

197D(1)(a)(i); or

(ii) a care receiver referred to in paragraph 198(2)(a) or (d);

and

(b) the person is not, apart from this section, qualified for carer

allowance for the care receiver or care receivers;

the person is qualified for carer allowance for each care receiver.

Note:

For the effect of 2 people being qualified for carer allowance for the

same care receiver, see sections 964 and 965.

19 Paragraph 955(1)(b)

After "qualify", insert ", under section 953, 954 or 954A,".

Note:

The following heading to subsection 955(1) is inserted "Participating in care of person

in hospital".

20 Subsection 955(2)

Repeal the subsection, substitute:

Limit on qualification under subsection (1) for disabled adult

(2) However, the period, or the sum of the periods, for which the one

or more persons can be qualified under subsection (1) for a

hospitalised person who is a disabled adult is 63 days in any

calendar year.

Note:

There is no limit for a hospitalised person who is a child.

21 Section 956

After "qualified", insert ", under section 953, 954 or 954A,".

22 Paragraph 957(1)(a)

After "qualified", insert ", under section 953, 954 or 954A,".

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. ,

2009 21

23 Paragraph 957(4)(a)

After "qualified", insert "under section 953".

24 Paragraph 965(2)(b)

Before "each", insert "both members of the couple are qualified under

section 953, 954 or 954A for carer allowance--".

25 After paragraph 965(2)(b)

Insert:

and (ba) only one of the members of the couple is qualified under

section 953, 954 or 954A for carer allowance--that member

has made a claim for carer allowance (whether or not one of

them is receiving carer allowance);

26 Subsection 974(3)

Omit "qualified for carer allowance apart", substitute "qualified under

section 953, apart".

27 Paragraphs 992J(1)(a) and 992L(1)(a)

After "this section", insert "or section 954B".

28 Paragraph 992MB(1)(b)

Repeal the paragraph, substitute:

(b) either:

(i) the instalment was for a care receiver who was a

disabled child or for care receivers who were 2 disabled

children; or

(ii) the instalment was for a care receiver referred to in

paragraph 954B(a).

29 At the end of Schedule 1A

Add:

137 Application--general

Subject to clauses 138 and 140, the amendments made by items 1

to 16 of Schedule 1 to the Social Security Legislation Amendment

(Improved Support for Carers) Act 2009 apply to claims for a carer

payment made on or after the commencement of this clause.

Schedule 1 A mendment of the Social Security Act 1991

22 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009

No. , 2009

138 Application--subsections 198AA(1) and (3)

Subsections 198AA(1) and (3) of this Act as amended by the

Social Security Legislation Amendment (Improved Support for

Carers) Act 2009 apply to a person who:

(a) is receiving a carer payment immediately before 1 July 2009;

(b) makes a claim for a carer payment on or after 1 July 2009.

139 Application--subsection 955(2)

Subsection 955(2) of this Act as amended by the Social Security

Legislation Amendment (Improved Support for Carers) Act 2009

applies to a person who:

(a) is receiving carer allowance immediately before 1 July 2009;

(b) makes a claim for a carer allowance on or after 1 July 2009.

140 Person whose carer payme nt was cancelled on or after 1 July

2008 and before 1 July 2010

Circumstances in which clause applies

(1) This clause applies if:

(a) a person (the carer) received or receives a carer payment on

or after 1 July 2008 for caring for one or more persons aged

under 16; and

(b) the carer was or is qualified for the payment under paragraph

198(2)(b) or (c) of this Act (whether or not because of

clause 141); and

(i) with effect before the commencement of this clause; or

(ii) with effect on or after that commencement and before

1 July 2010; and

(d) on or after 1 July 2009 and before 1 July 2010, the carer

makes a claim for a carer payment for caring for the same

person or persons aged under 16.

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. ,

2009 23

Claim may be assessed as if paragraphs 198(2)(b) and (c) had not

been repealed

(2) In addition to being assessed against this Act as in force after the

commencement of this clause, the carer's claim may be assessed as

if paragraphs 198(2)(b) and (c) of this Act had not been repealed.

Note:

The effect of subclause (2) is that the person may qualify for a carer

payment under paragraph 198(2)(b) or (c) or section 197B, 197C or

197E.

(3) Subject to clause 141, if, because of subclause (2), the person is

qualified for a carer payment under paragraph 198(2)(b) or (c) of

this Act, this Act (as in force immediately before 1 July 2009)

applies in relation to the person.

141 Saving--profoundly disabled child and disabled child

Profoundly disabled child and disabled child

(1) Subject to this clause, if a person was receiving a carer payment

immediately before 1 July 2009 because the person was qualified

for that payment under paragraph 198(2)(b) or (c) of this Act, this

Act (as in force immediately before that time) continues to apply in

relation to the person.

Remaining qualified for up to 3 months after child turns 16

(2) Despite the repeal of paragraphs 198(2)(b) and (c) of this Act by

the Social Security Legislation Amendment (Improved Support for

Carers) Act 2009, paragraph 197K(1)(a) of this Act applies to a

person as if that paragraph included a reference to a person:

(a) who was qualified for a carer payment under either of the

repealed paragraphs; and

(b) who:

(i) remains qualified for a carer payment because of

subclause (1); or

(ii) becomes qualified for a carer payment because of

subclause 140(3).

Unlimited hospitalisation

(3) Despite the repeal of paragraphs 198(2)(b) and (c) of this Act by

the Social Security Legislation Amendment (Improved Support for

Schedule 1 A mendment of the Social Security Act 1991

24 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009

No. , 2009

Carers) Act 2009, subsection 198AA(1) of this Act applies to a

person as if that subsection included a reference to a person:

(a) who was qualified for a carer payment under either of the

repealed paragraphs; and

(b) who:

(i) remains qualified for a carer payment because of

subclause (1); or

(ii) becomes qualified for a carer payment because of

subclause 140(3).

Automatic qualification for carer allowance

(4) Despite the repeal of paragraphs 198(2)(b) and (c) of this Act by

the Social Security Legislation Amendment (Improved Support for

Carers) Act 2009, section 954B of this Act applies to a person as if

paragraph 954B(a) included a reference to a person:

(a) who was qualified for a carer payment under either of the

repealed paragraphs; and

(b) who:

(i) remains qualified for a carer payment because of

subclause (1); or

(ii) becomes qualified for a carer payment because of

subclause 140(3).

Amend ment of the Social Security (Ad ministration) Act 1999 Schedule 2

Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. ,

2009 25

Schedule 2

Amendment of the Social

Security (Administration) Act 1999

1 After section 12E

Insert:

12F Care r allowance

A claim is not required for carer allowance if the person qualifies

for the carer allowance under section 954B.

2 At the end of Subdivision B of Division 1 of Part 3

Add:

15A Deemed claim--certain claims for carer allowance

Claim for carer payment rejected

(1) For the purposes of the social security law, if:

(a) on or after 1 July 2009, a person (the carer) makes a claim

for a carer payment for caring for a person because the carer

is qualified for the payment other than under paragraph

198(2)(d); and

(b) the Secretary makes a determination rejecting the claim; and

carer makes a claim for carer allowance for caring for the

person; and

(d) the carer is qualified under section 953 of the 1991 Act for

carer allowance for the person; and

(e) the Secretary is satisfied that it is reasonable that this section

be applied;

the carer is taken to have made a claim for carer allowance on the

day on which the carer made the claim for a carer payment.

Carer payment suspended or cancelled

(2) For the purposes of the social security law, if:

(a) on or after 1 July 2009, a person (the carer) is receiving the

carer payment for caring for one or more persons because the

Schedule 2 A mendment of the Social Security (Ad min istration) Act 1999

26 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009

No. , 2009

carer is qualified for the payment other than under paragraph

198(2)(d); and

(b) the Secretary makes a determination cancelling or suspending

the carer's carer payment; and

carer makes a claim for carer allowance for caring for the

person; and

(d) the carer is qualified under section 953 of the 1991 Act for

carer allowance for the person; and

(e) the Secretary is satisfied that it is reasonable that this section

be applied;

the carer is taken to have made a claim for carer allowance on the

day after the day on which the cancellation or suspension took

effect.

3 After section 95A

Insert:

95B Automatic suspension or cancellation--carer allowance

If:

(a) a person is receiving a carer allowance because the person is

qualified for that allowance under section 954B of the 1991

Act (receiving carer payment); and

(b) the person's carer payment is suspended or cancelled;

the carer allowance is by force of this section, suspended or

cancelled, as the case may be, on the same day that the person's

carer payment is suspended or cancelled.

4 Transitional provision

deemed claim for carer allowance

Despite the repeal of paragraphs 198(2)(b) and (c) of the Social Security

Act 1991 by this Act, subsection 15A(2) of the Social Security

(Administration) Act 1999 applies to a person as if paragraph 15A(2)(a)

included a reference to a person:

(a) who was qualified for a carer payment under either of the

repealed paragraphs; and

(b) who:

(i) remains qualified for a carer payment because of

subclause 141(1) of Schedule 1A to the Social Security

Act 1991; or

Commonwealth of Australia Bills

SOCIAL SECURITY LEGISLATION AMENDMENT (IMPROVED SUPPORT FOR CARERS) BILL 2009